The company appealed against a decision to refuse an extension of time to bring an appeal. The letter of appeal was said to have been unstamped and not received in time. The appellant now told the court that the Royal Mail does not require postage to be affixed to a guaranteed delivery package; the relevant posting instruction was affixed to the package with its barcode, payment was received on the due date; and, accordingly, whatever thereafter happened would have been the fault of the Royal Mail, not Gala Tent Limited.
Held: the correct procedure was to apply to the judge to set aside his refusal to extend time on the basis of fresh evidence.
Ryder LJ
[2015] EWCA Civ 1063
Bailii
England and Wales
Employment
Updated: 06 January 2022; Ref: scu.554767